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(영문) 창원지방법원 통영지원 2013.12.12 2013고정573

개항질서법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the captain of a diving vessel B (3.89 tons) in Sacheon-si.

No person shall engage in fishing at any place, etc. within the boundaries, etc. of an open port, where ship traffic is likely to be obstructed.

Nevertheless, at around 06:00 on July 18, 2013, the Defendant departed from the port of Samcheon-si on the same day from around 09:40 to around 11:05 of the same day, and engaged in fishing by collecting approximately 20 kmgs from the sea of Samcheon-si, Samcheon-si, which is located in the Doncheon-si, Doncheon-si, in which the ship’s entry into the port is frequent and located at the sea of 0.2 miles Southwest-dong, southwest-do, and by collecting approximately 20 kmgs to the bottom.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (with respect to a suspicion of crime);

1. The location map of fishing operations within the boundary of Samcheon Pospo harbor systems;

1. Application of Acts and subordinate statutes to documentary evidence (six copies) photographs on the spot of the Public Order in Open Ports Act;

1. Article 46 subparagraph 2 of the Public Order in the Open Ports Act concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;